[Justice BR Gavai in a file image]
New Delhi: In a statement likely to make restless a section in the country, especially those in power, CJI designate Justice Bhushan R Gavai Sunday said he did not have any post-retirement wish list.
It is generally believed that judges, with some honorable exceptions, like to keep the dispensation in good humor so that they get some plum postings after retirement.
There are ample examples wherein retired judges are appointed as governors, some of them are elected or nominated to Rajya Sabha and there are others who are rewarded with other attractive assignments.
It is alleged that such “offers” are one of the many ways “to manage judiciary”. However, Justice B.R. Gavai has outrightly ruled out any such “expectations” from the government after his retirement.
“I do not have any political ambition…I will not take any post retirement assignments,” he told reporters Sunday May 11, 2025.
Justice Gavai is scheduled to take oath as 52nd Chief Justice of India tomorrow i.e. Wednesday May 14, 2025. He will be replacing Justice Sanjiv Khanna who retired as CJI today i.e. Tuesday May 13, 2025.
In an informal talk with the reporters at his residence in New Delhi Sunday Justice Gavai also said the Constitution of India, and not the Parliament, is supreme.
Justice Gavai’s statements are significant as the debate over supremacy of the Parliament was raked after the Supreme Court of India in its interim judgment last month partially stayed the Waqf Amendment Act 2025.
Interestingly, the outgoing Chief Justice while deferring the hearing on the Waqf Act on May 05, 2025 said new Chief Justice will hear the case. The next hearing on the Waqf Act is scheduled on May 15, 2025.
As many as 72 petitions have been filed in the Supreme Court of India challenging the new Waqf Act. Some of the petitioners have called it “unconstitutional”.
Against this backdrop, it will be interesting to see what shape the case takes when it comes in front of the SC bench headed by the new CJI, Justice BR Gavai.
Justice Gavai comes from a family having a political background. His father Ramkrishna S Gavi or R.S. Gavai, was founder of the Republican Party of India (Gavai). He was former Governor Bihar and Sikkim. He was also MLA in Maharashtra and a Member of Rajya Sabha.
Justice Gavai was elevated as Supreme Court Judge on May 24, 2019. In the last six years, he was a part of around 700 benches dealing with matters pertaining to a variety of subjects, including constitutional and administrative law, civil law, criminal law, commercial disputes, arbitration law, electricity law, education matters and environmental law.
He has authored around 300 judgments, including that of the Constitution Bench on various issues, upholding the rule of law and safeguarding the fundamental rights, human rights and legal rights of citizens.
He became a permanent Judge of the Bombay High Court on November 12, 2005. He presided over Benches having all types of assignments at the Principal Seat at Mumbai as well as Benches at Nagpur, Aurangabad and Panaji.
[Ahmed Abdullah Faizee is Staff Writer at ummid.com. With inputs from Press Trust of India.]
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